Why Two Women Witnesses?

Adapted from the book by Shamshad.M.Khan with modifications and additions

A question that repeatedly arises is
that concerning the 'position of women in Islaam'. Muslim scholars have been able with
great success - despite the onslaught of distortion and mis-representation - to
demonstrate the true position of Muslim women; especially of women's liberation in the
advent of Islaam. The Islaamic ruling on issues such as inheritance, the right to earn,
the right to own property etc. have reinforced this position and have been prescribed by
Allaah - the One True God - long before western nations even thought of such concepts!

The issue of two women witnesses in place of one man
is the concern of the present treatise. As will become clear to the sincere and objective
reader, the intellectual status of a Muslim woman is neither marred nor degraded by the
commandment that if two Muslim male witnesses are not available then one Muslim male and
two Muslim females should be invited to witness. Rather, this injunction is in perfect
harmony with the nature and psychology of the woman as will become evident through
quotations from psychologists, psychiatrists and medical research.

The passage of the Qur'aan (Baqarah 2:282) in which
the above-mentioned requirement is made has usury, capital and debtor difficulties as its
theme. Allaah grants guidelines in matters relating to monetary obligations. Then business
transactions are dealt with. In this section, the requirement to commit all transactions
into writing is stated most emphatically (Reduce them to writing...). The section after
this describes the responsibility of the scribe, or in modern parlance, the person
responsible for drawing up the agreement. The following section describes the
responsibility and the obligation of the person incurring the liability. The section after
this explains how if the party that is liable cannot effectively draw up the contract -
out of being deficient or weak mentally, or being unable to dictate - then his or her
guardian should help draw out the contract and choose two suitable witnesses to observe.
It must be understood that this situation arises if it is not possible for the liable
party to draw out the contract by him/herself. The condition to put things into writing is
still supreme.

The next section then explains that two men should
be called to witness and if two men are not available (And if there are not two men...)
then a man and two women. The legislation then continues and reminds most emphatically
that one should not be complacent about putting ALL agreements into writing - no matter
whether these agreements are major or minor as this is more JUST in the sight of Allaah
and more reliable as evidence. The passage of the Qur'aan further explains that for
practical reasons it may not always be possible to commit on-the-spot agreements into
writing. In this case, it is also recommended that it be witnessed. The section which
follows then lays down the guidelines which should be followed in the event that no
witnesses are present.

The purpose in giving the above outline is to draw
attention to the fact the question of women witnesses relates, in this instance, to
commercial agreements and is not a STATEMENT ON THEIR STATUS.

Let's look at the section under investigation in
more detail. Allaah said:

And get two witnesses of your own men, and if there
are not two men then a man and two women such as you choose for witnesses - so that if one
of them errs, the other can remind her... [Baqarah 2:182]

A number of questions (as well as eyebrows!) are
raised when this section of the passage is read. The questions often posed include:

* Do women have weaker memories than men?
* Why should two women be needed in the place of one man?
* Are women inferior to men?

One must remember that Prophet Muhammad (sas) was
neither a physiologist, a psychiatrist and nor a surgeon. He was an illiterate and could
neither read nor write. He passed on the revelation exactly as he received it. Allaah, the
Creator, with His infinite wisdom gave the directives best suited to humankind. He is the
Creator, therefore, He knows man better than a man himself.

In this scientific age we can explore the
significance of this legislation. A great deal has been discovered since the early days of
Islaam. And each day of advancement brings about a better understanding of the the last
and final revelation from the Creator, Allaah to the creation, humankind.

As women, we are aware of the cyclical psychological
strains that a woman has to encounter every month. The symptoms during early pregnancy,
ante-natal and post-natal depressions, the phenomenon of menopause, the physiological and
psychological problems due to infertility and last but not least the psychological
problems faced after miscarriage.

It is under these situations that women can
experience extraordinary psychological strains giving rise to depression, lack of
concentration, slow-mindedness and SHORT TERM MEMORY LOSS. Let us examine these episodes
in a bit more detail and with medical references from the scientific world. PMT is an
umbrella term for more than 140 different symptoms and there is a lot of evidence that it
causes a lot of unhappiness in many women, and consequently, to their families.

Psychiatry in Practice, April 1983 issue states:
"Forty percent of women suffer from pre-menstrual syndrome in some form and one in if
our women have their lives severely disrupted by it. Dr Jill Williams, general
practitioner from Bury, gives guidelines on how to recognise patients at risk and suggests
a suitable treatment."1

In the same issue, George Beaumont reporting on the
workshop held at the Royal College of Obstreticians and Gynaecologists in London on
pre-menstrual syndrome, says: "Some authorities would argue that 80 percent of women
have some degree of breast and abdominal discomfort which is pre-menstrual but that only
about 10 percent complain to their doctors - and then only because of severe tenderness of
the breasts and mental depression... Other authorities have suggested that pre-menstrual
syndrome is a new problem, regular ovulation for 20 years or more being a phenomenon
caused by 'civilisation', 'medical progress', and an altered concept of the role of
women."2

In its examination of the occurrence of physical and
psychological change during the period just prior to the onset of menstruation we read in
Psychological Medicine: "Many studies have reported an increased likelihood of
various negative affects during the pre-menstrual period. In this affective category are
many emotional designations including irritability, depression, tension, anxiety, sadness,
insecurity, lethargy, loneliness, tearfulness, fatigue, restlessness and changes of mood.
In the majority of studies, investigators have found it difficult to distinguish between
various negative affects, and only a few have allowed themselves to be excessively
concerned with the differences which might or might not exist between affective
symptoms."3

In the same article dealing with Pre-menstrual
Behavioural Changes we read: "A significant relationship between the pre-menstrual
phase of the cycle and a variety of specific and defined forms of behaviour has been
reported in a number of studies. For the purpose of their review, these forms of behaviour
have been grouped under the headings of aggressive behaviour, illness behaviour and
accidents, performance on examination and other tests and sporting performance."4 The
lengthy review portrays how female behaviour is affected in these situations.

In 'The Pre-menstrual Syndrome', C. Shreeves writes:
"Reduced powers of concentration and memory are familiar aspects of the pre-menstrual
syndrome and can only be remedied by treating the underlying complaint." This does
not mean, of course, that women are mentally deficient absolutely. It just means that
their mental faculties can become affected at certain times in the biological cycle.
Shreeves also writes: "As many as 80 percent of women are aware of some degree of
pre-menstrual changes, 40 percent are substantially disturbed by them, and between 10 and
20 percent are seriously disabled as a result of the syndrome."

Furthermore, women face the problem of ante-natal
and post-natal depression, both of which cause extreme cycles of depression in some cases.
Again, these recurring symptoms naturally affect the mind, giving rise to drowsiness and
dopey memory.

On the subject of pregnancy in Psychiatry in
Practice, October-November 1986, we learn that: "In an experiment 'Cox' found that 16
percent of a sample of 263 pregnant women were suffering from clinically significant
psychiatric problems. Eight percent had a depressive neurosis and 1.9 percent had phobic
neurosis. This study showed that the proportion of pregnant women with psychiatric
problems was greater than that found in the control group but the difference only tended
towards significance."5

Regarding the symptoms during the post-natal cycle
Dr. Ruth Sagovsky writes: "The third category of puerperal psychiatric problems is
post-natal depression. It is generally agreed that between10 to 15 percent of women become
clinically depressed after childbirth. These mothers experience a variety of symptoms but
anxiety, especially over the baby, irritability, and excessive fatigue are common.
Appetite is usually decreased and often there are considerable sleep difficulties. The
mothers lose interest in the things they enjoyed prior to the baby's birth, and find that
their concentration is impaired. They often feel irrational guilt, and blame themselves
for being 'bad' wives and mothers. Fifty percent of these women are not identified as
having a depressive illness. Unfortunately, many of them do not understand what ails them
and blame their husbands, their babies or themselves until the relationships are strained
to an alarming degree."6

"... Making the diagnosis of post-natal
depression is not always easy. Quite often the depression is beginning to become a serious
problem around three months postpartum when frequent contact with the health visitor is
diminishing. The mother may not present with depressed mood. If she comes to the health
centre presenting the baby as the patient, the true nature of the problem can be missed.
When the mother is continually anxious about the baby in spite of reassurance, then the
primary health care worker needs to be aware of the possibility of depression. Sometimes
these mothers present with marital difficulties, and it is easy to muddle cause and
effect, viewing the accompanying low mood as part of the marital problem. Sometimes, only
when the husband is seen as well does it become obvious that it is a post-natal depressive
illness which has led to the deterioration in the marriage."7

Again there is a need to study the effects of the
menopause about which very little is known even to this day. This phase in a woman's life
can start at any time from the mid-thirties to the mid-fifties and can last for as long as
15 years.

Writing about the pre-menopausal years, C.B.
Ballinger states: "Several of the community surveys indicate a small but significant
increase in psychiatric symptoms in women during the five years prior to the cessation of
menstrual periods... The most obvious clinical feature of this transitional phase of
menstrual function is the alteration in menstrual pattern, the menstrual cycle becoming
shorter with age, and variability in cycle length become very prominent just prior to the
cessation of menstruation. Menorrhagia is a common complaint at this time, and is
associated with higher than normal levels of psychiatric disturbance."8

On the phenomenon of menopause in an article in
Newsweek International, May 25th 1992, Dr. Jennifer al-Knopf, Director of the Sex and
Marital Therapy Programme of Northwestern University writes: "...Women never know
what their body is doing to them... some reporting debilitating symptoms from hot flashes
to night sweat, sleeplessness, irritability, mood swings, short term memory loss,
migraine, headaches, urinary inconsistence and weight gain. Most such problems can be
traced to the drop-off in the female hormones oestrogen and progesterone, both of which
govern the ovarian cycle. But every woman starts with a different level of hormones and
loses them at different rates. The unpredictability is one of the most upsetting aspects.
Women never know what their body is going to do to them..."

Then there are the psychiatric aspects of
infertility and miscarriage. On the subject of infertility, Dr. Ruth Sagovsky writes:
"Depression, anger and guilt are common reactions to bereavement. In infertility
there is the added pain of there being nobody to grieve for. Families and friends may
contribute to the feeling of isolation by passing insensitive comments. The gynaecologist
and GPs have to try to help these couples against a backdrop of considerable
distress."9

On the subject of miscarriage the above article
continues: "Miscarriage is rarely mentioned when considering abortion. However,
miscarriage can at times have profound psychological sequelae and it is important that
those women affected receive the support they need. Approximately one-fifth of all
pregnancies end in spontaneous abortion and the effects are poorly recognised. If however,
the miscarriage occurs in the context of infertility, the emotional reaction may be
severe. The level of grief will depend on the meaning of pregnancy to the couple."10

Also, the fact that women are known to be more
sensitive and emotional than men must not be overlooked. It is well known, for example,
that under identical circumstances women suffer much greater anxiety than men. Numerous
medical references on this aspect of female behaviour can be given but to quote as a
specimen, we read in 'Sex Differences in Mental Health' that: "Surveys have found
different correlates of anxiety and neuroticism in the two sexes. Women and men do not
become equally upset by the same things, and being upset does not have the same effect in
men as in women. Ekehammer (1974; Ekehammer, Magnusson and Ricklander, 1974) using data
from 116 sixteen-year-olds, did a factor analysis on self-reported anxiety. Of the
eighteen different responses indicating anxiety (sweating palms, faster heart rate, and so
on) females reported experiencing twelve of them significantly more often than males. Of
the anxiety-producing situations studied, females reported experiencing significantly more
anxiety than males reported in fourteen of them."11

It is in light of the above findings of
psychologist, psychiatrists and researchers that the saying of Allaah, the Exalted:

And get two witnesses of your own men, and if
there are not two men then a man and two women such as you choose for witnesses - SO THAT
IF ONE OF THEM ERRS, THE OTHER CAN REMIND HER... [Baqarah 2:182]

can be understood. One must also bear in mind that
forgetfulness can be an asset. A woman has to be put up with children presenting all kinds
of emotional problems and a woman is certainly known to be more resilient than man. The
aim of presenting these research findings on a number of aspects related with the theme is
to indicate that a woman by her biological constitution faces such problems. It does not
however make her inferior to man but it does illustrate that she is different. Viewed in
this way, it can only lead one to the conclusion that Allaah knows His creation the best
and has prescribed precise laws in keeping with the nature of humankind.

Allaah, the Creator is - as always - All-Knowing and
man (or the disbeliever in Allaah and the final, perfected, revealed way of life, Islaam)
is - as usual - either ignorant and arrogant.

7 Psychiatry in Practice, May, 1987, p.18. As has
been mentioned above the Prophet Muhammad (sas) was neither a psychologist nor a
psychiatrist. Rather, he merely conveyed the truth that was revealed to him. It is in the
context of this quotation and the one before it that the following saying of the Prophet
Muhammad (sas) can be understood: "Treat your women kindly. The woman has been
created from a rib, and the most curved part of a rib is its upper region. If you try to
straighten it you will break it, and if you leave it as it is, it will remain curved. So
treat women kindly." And in another narration: "If you try to straighten her you
will break her and breaking her means divorce." [Reported by Bukhari and Muslim].
This is very important advice for the man - for him to have patience and not to try to
'reform' the behavioural pattern of the woman during these times i.e. 'to straighten her'.
He will not be able to do that, as it is biological in origin. Instead, he should maintain
and protect his relationship with her by showing kindness.